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Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.
"A trial is a story-the story of your client's truth, and there is an art to storytelling. To succeed, your story must mesmerize, entertain, and persuade the jury throughout every phase of trial. This book is a direct, to-the-point guide to successfully master that art, tell that story, and try your case in New York State court. It is written in a conversational tone and deliberately brief to avoid the boredom that causes many students to throw books aside and jurors to lose attention during your case. Instead of telling you what to do, it contains detailed examples that illustrate how to implement the recommended techniques. It contains specific methods used by the most successful New York civil and criminal attorneys to win their cases and explores the right way to conduct each stage of the trial as well as discussing expert testimony, evidence, and the law of trial advocacy in New York, which will help you win your case and tell your story"--
In this new, third edition of Theater Tips and Strategies for Jury Trials, David Ball updates his methods and approaches to jury persuasion. This practical step-by-step guide helps you navigate the changes that occur in jury trials instead of being blindsided by them. Based on both research and the experience of lawyers and trial consultants across the country, Theater Tips and Strategies for Jury Trials, Third Edition, presents techniques of the stage and screen you can use to win in the courtroom. Ball tells how to use theater concepts to persuade and motivate jurors. He tells attorneys how to look, talk, and act naturally, and to communicate the truth clearly and memorably, so they gain trust and credibility from judges and jurors. Ball provides practical guidance for voir dire, openings and closings, testimony, and focus groups. He describes what practitioners can learn from actors about their manner, voice projection, and behavior. He explains how to grab the jury from the beginningjust as a good movie opening captures the audience. He details how to prepare your {28}cast.
Are you struggling to find your stride as a trial attorney? Do you fail, even when you know you are doing everything the "right" way? Then there is only one question to answer: Are you ready to live by a code and system that will work in any situation? Using Sun Tzu's revered The Art of War as a point of inspiration and reference, Michael Waddington offers up bite-size pieces of advice, snippets of strategy, and countless nuggets of wisdom he's accumulated over hundreds of trials. Instead of dwelling on the logistics and technicalities of trial practice, The Art of Trial Warfare illustrates the habits of a successful trial attorney. It speaks eloquently to the art of attack, of exploiting weaknesses, and of leveraging each success. After time, the wisdom becomes muscle memory, instilling habits that will improve any trial attorneys game. Trial is war. Trial lawyers would be well-served to dip into this handy resource time and time again. It serves as an excellent overall philosophy, as well as the ultimate pep talk.
Jury service is one of the most important civic duties a person can undertake, yet it is often poorly understood. This booklet has been prepared in consultation with the Juries Commissioner's Office. It answers frequently asked questions about jury service and provides prospective jurors with a clear explanation of their responsibilities and the processes involved in trials. All potential jurors will receive a copy when they attend for jury service.
How do lawyers sway jurors in the heat of a trial? Why do the best trial lawyers seem uncannily able to get the verdict they want? In addressing these questions, folklorist Sam Schrager validates - with a twist - the widespread belief that lawyers are actors who manipulate the truth. Schrager shows that attorneys have no choice but to treat the jury trial as an artful performance, as storytelling combat in which victory most often goes to the lawyer with superior control of craft. Read about the performance styles of some of the nation's most artful criminal and civil advocates - including litigating stars from around the country, such as Roy Barrera, Penny Cooper, Jo Ann Harris, Tony Serra, and Michael Tigar - and from Philadelphia, prosecutor Roger King, defender Robert Mozenter, and the legendary Cecil B. Moore.
The Art and Science of Trial Advocacy, Second Edition, guides the reader through the trial process, suggesting techniques and strategies for each stage of the trial process--pretrial, trial, and post-trial motions; jury selection; opening statements; direct and cross-examination; and closing arguments. Included are illustrative transcripts explaining how to use the various techniques in an actual case, detailed guidance on the effective use of expert witnesses, and practical direction on the incorporation of exhibits and demonstrative evidence into case presentations. The book discusses basic principles of effective communication and persuasion, including the importance of the advocate's credibility and examples of how to develop case presentations that maximize the persuasive impact on judges and juries. The appendix includes the Federal Rules of Evidence. Additionally, the new Second Edition: Recognizes how the rapid development of technology and its use in the courtroom has changed the way trials are conducted and the way lawyers present evidence and argue to the jury. Discusses the use of technology in the courtroom. Includes materials describing the technology now available to trial lawyers as they prepare and present evidence; and Provides "Tech Tips" on how technology might be used to enhance advocacy at various points of the trial.